Allowed

Shri Ateet Gupta & Ors. v. the State & Anr.

Delhi HC7 Mar 2018W.P.(CRL)/708/2018

Case brief

AI extract

What is this about?

Full Bench of the High Court of Delhi quashed FIR No. 160/2017 registered under Section 498A IPC. The Court found that the dispute was amicably settled between the parties, resulting in divorce and payment of settlement amounts.

What did the court decide?

FIR No. 160/2017 registered under Sections 498A/406/34 IPC at PS Adarsh Nagar and all proceedings arising therefrom quashed.

Shri Ateet Gupta & Ors. Vs the State & Anr. — Matrimonial and Divorce | Delhi HC (2018)

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$~32

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 708/2018

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SHRI ATEET GUPTA & ORS

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..... Petitioners

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Through : Mr.Rohit Goel, Advocate with Mr.Gaurav Singh, Advocate along with petitioners in person.

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versus THE STATE & ANR ..... Respondents Through : Mr.Jamal Akhtar, proxy counsel for Mr.Rahul Mehra, Standing Counsel.

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Mr.Bharat Sharma, Advocate for R2 along with R2 in person. ASI Balkishan, PS Adresh Nagar.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R % 07.03.2018

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CRL.M.A.No. 4268/2018 (Exemption)

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Exemption allowed subject to all just exceptions.

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The application stands disposed of.

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W.P.(CRL) 708/2018

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Present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.160/2017 registered under Sections 498A/406/34 IPC at PS Adarsh Nagar. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Judge, Family Court, North Rohini, Delhi vide order dated 11.01.2018.

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Complainant / respondent No.2 is present with counsel and has been identified by the Investigating Officer. I have enquired from the

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Page 1 of 2

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complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question. The complainant further informs that pursuant to the settlement 6 lacs [ 3 lacs (in cash) and ` 3 lacs by way of demand draft bearing No. 322595 dated 05.03.2018 drawn on Punjab National Bank in the name of the complainant] have been paid to her today by the petitioners. Statement to that effect has been recorded separately. Divorce has already been granted.

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The petition is supported by affidavits of the parties. Copy of order dated 11.01.2018 has been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to settle in life after divorce, FIR No.160/2017 registered under Sections 498A/406/34 IPC at PS Adarsh Nagar and all the proceedings arising therefrom are quashed.

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The petition stands disposed of accordingly.

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S.P.GARG, J

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MARCH 07, 2018 / tr

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Page 2 of 2

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W.P.(CRL) 708/2018

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Statement of Respondent No.2 – Richa Gupta, D/o Sh.Pawan Bindal, R/o H.No.1, First Floor, Pritam Marg, Kewal Park, Azadpur, Delhi.

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On S.A.

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I have settled the disputes with the petitioners amicably before the Judge, Family Court, North Rohini, Delhi. Pursuant to the settlement, I have received remaining amount of 6 lacs [ 3 lacs (in cash) and ` 3 lacs by way of demand draft bearing No. 322595 dated 05.03.2018 drawn on Punjab National Bank in the name of the complainant] today in the court. I have no objection to the quashing of the FIR No.160/2017 registered under Sections 498A/406/34 IPC at PS Adarsh Nagar and all the proceedings emanating therefrom.

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R.O. & A.C. 07.03.2018

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S.P.GARG (JUDGE)

Shri Ateet Gupta & Ors. v. the State & Anr.

Case brief

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Shri Ateet Gupta & Ors. v. the State & Anr.

Case brief

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